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Terms & Conditions

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TERMS AND CONDITIONS AND EQUIPMENT RENTAL AGREEMENT

Last Updated: March 2026

These Terms and Conditions and Equipment Rental Agreement ("Agreement") govern all bookings, rentals and services provided by The Telephone Guestbook LLC ("Owner", "The Telephone Guestbook", "we", "us" or "our").

The person making the booking is referred to as the "Renter", "Customer", "you" or "your".

By placing an order, completing checkout, electronically accepting this Agreement or purchasing services from us, you agree to be bound by the version of this Agreement presented to you at the time of booking.

Please read this Agreement carefully before placing an order.

1. Contracting Party

All bookings are made with:

The Telephone Guestbook LLC
Florida, United States
Email: hello@thetelephoneguestbook.com

The Telephone Guestbook LLC is the contracting party regardless of whether the booking is fulfilled in the United States, United Kingdom or another country.

For bookings charged in U.S. dollars, amounts shown in USD ($) apply.

For bookings charged in pounds sterling, amounts shown in GBP (£) apply.

Where mandatory consumer laws apply and cannot legally be excluded or modified by contract, those rights remain unaffected.

2. Equipment Rental

The Owner agrees to rent to the Renter the telephone, signage, stands, power cables, power banks, prompt cards and any other physical items identified in the Renter's order, invoice or booking confirmation.

These items are collectively referred to as the "Equipment".

The Equipment is rented and is not sold.

All Equipment remains the sole and exclusive property of The Telephone Guestbook LLC at all times.

The Renter receives only a temporary right to possess and use the Equipment in connection with the booked event.

The Renter acquires no ownership or other proprietary interest in the Equipment.

3. Rental Period

The rental period begins when the Equipment is delivered, or delivery is first attempted where the Renter or someone acting on the Renter's behalf has prevented or refused an otherwise proper delivery.

Unless otherwise agreed in writing, the Equipment must be return-shipped to the Owner within three calendar days following the booked event date.

If the Owner provides a different required return date in the booking confirmation, return instructions, email or other written communication, that date will apply.

The Equipment must be physically handed to the applicable carrier by the carrier's applicable shipping or collection cut-off time on the final return day.

The rental does not end merely because the event has taken place.

The Renter remains responsible for the Equipment until it has been properly returned in accordance with this Agreement or the applicable obligations concerning lost or unreturned Equipment have otherwise been resolved.

4. Delivery

The Owner will use reasonable efforts to ensure the Equipment is delivered before the booked event date.

Equipment may be delivered several days or weeks before the event.

Any delivery date or transit time provided by the Owner is an estimate unless expressly agreed otherwise in writing.

The Renter is responsible for providing a complete, accurate and suitable delivery address.

The Renter is responsible for ensuring that the delivery address is a location at which valuable rental Equipment can be safely received and secured.

If the Renter believes that the delivery address will not be secure, the Renter must contact the Owner before dispatch to request an alternative address or another available delivery arrangement.

Additional carrier charges requested by the Renter may be payable by the Renter.

The Owner is not responsible for additional costs or delays resulting from an incorrect or incomplete address supplied by the Renter.

5. Delivery, Receipt and Responsibility for Equipment

Subject to any mandatory law that provides otherwise, responsibility for the possession, security, safekeeping and care of the Equipment transfers to the Renter once the Equipment has been properly delivered to the delivery address, delivery location or recipient authorized by the Renter.

Delivery may be evidenced by carrier tracking information, delivery scans, photographs, GPS delivery information, signatures or other carrier records.

Delivery to any of the following may constitute delivery to the Renter:

  1. the delivery address supplied by the Renter;
  2. the Renter personally;
  3. another person at the delivery address;
  4. a reception desk, front desk, concierge or mailroom serving the delivery address;
  5. a parcel locker associated with the delivery address;
  6. a secure location selected or authorized by the Renter;
  7. an authorized neighbor or alternate recipient selected by the Renter; or
  8. another delivery location or method authorized by the Renter.

Where the carrier's applicable service permits delivery without a signature, carrier confirmation that the Equipment was delivered to the Renter's correct delivery address or authorized delivery location will be evidence that delivery occurred.

Theft or Loss Following Delivery

Once proper delivery has occurred, the Renter is responsible for taking reasonable steps to retrieve and secure the Equipment.

Theft, disappearance, loss or damage occurring after proper delivery, including theft from a porch, doorstep, lobby, reception area, mailroom, parcel room or other authorized delivery location, does not by itself relieve the Renter of responsibility for the Equipment.

If Equipment is stolen after proper delivery, the Renter remains responsible for returning the Equipment or paying any applicable replacement amount under this Agreement, subject to mandatory applicable law.

The Renter is responsible for monitoring tracking information supplied in connection with the booking and making reasonable arrangements to promptly retrieve and secure the Equipment after delivery.

If the Renter will be away from the delivery address, the Renter is responsible for arranging for another responsible person to receive or secure the Equipment or for contacting the Owner before dispatch to request another available delivery arrangement.

Misdelivery

The Renter will not be responsible under this section solely because a carrier incorrectly marks a package as delivered where reliable evidence establishes that the carrier actually delivered the package to an incorrect address.

If the Renter believes that carrier tracking incorrectly states that the Equipment was delivered, the Renter must notify the Owner as soon as reasonably possible and cooperate with the Owner and carrier in investigating the delivery.

Nothing in this section transfers responsibility to the Renter before the point at which applicable mandatory law permits responsibility or risk to pass.

6. Checking Equipment Following Delivery

The Renter should inspect the Equipment promptly after receiving it.

The Renter should notify the Owner as soon as reasonably possible if:

  1. any Equipment appears to be missing;
  2. the package appears damaged;
  3. a telephone or accessory does not appear to operate correctly; or
  4. another issue is identified that could affect use at the event.

Prompt notification gives the Owner an opportunity to troubleshoot the issue or provide replacement Equipment where reasonably practicable.

The Renter should not wait until after the event to report an issue that could reasonably have been identified and reported beforehand.

Nothing in this section removes a statutory right that cannot legally be excluded.

7. Use and Care of Equipment

From the time responsibility passes to the Renter under Section 5 until the Equipment is properly returned, the Renter is responsible for the possession, security and reasonable care of the Equipment.

The Renter agrees to:

  1. follow all setup and operating instructions;
  2. keep the Equipment reasonably secure;
  3. protect it from theft, loss, water, excessive heat, impact and avoidable damage;
  4. use the Equipment only for its intended purpose;
  5. not dismantle or materially modify the Equipment;
  6. not attempt significant repairs without the Owner's permission;
  7. not sell, pledge, dispose of or otherwise transfer ownership of the Equipment;
  8. not use the Equipment for unlawful purposes; and
  9. take reasonable precautions to prevent loss, theft or damage.

The Renter remains responsible for the Equipment when it is handled or used by guests, family members, wedding planners, venues, event staff or other people to whom the Renter permits access.

8. Return of Equipment

The Renter must return all Equipment supplied as part of the booking.

Where the Owner provides a prepaid return shipping label, the Renter must use that label and the designated carrier unless the Owner agrees otherwise in writing.

The Renter must properly package the Equipment using the packaging and materials supplied by the Owner where available.

The Renter should obtain and retain a receipt, scan or other carrier acceptance record confirming that the return package was physically accepted by the carrier.

Creating a return label does not constitute return of the Equipment.

Leaving a package at an unsecured or unverified location without evidence that the carrier accepted it may not constitute proper return.

Where:

  1. the Equipment was properly packaged;
  2. the Owner's supplied return label was used; and
  3. the Renter can provide evidence that the designated carrier accepted the package by the required return date,

the Owner will not treat the Equipment as unreturned solely because of a subsequent carrier delay or carrier loss, unless the loss or damage resulted from improper packaging or another act or omission by the Renter.

If the Renter chooses to use a different carrier, label or shipping method without the Owner's written approval, the Renter assumes responsibility for reasonable additional costs, delays and losses resulting from that choice.

9. Late Return of Equipment

The Owner relies upon Equipment being returned on time so that it can be inspected, prepared and supplied to future customers.

If Equipment is not return-shipped by the required return date, the Owner may assess a late-return charge of up to:

$130 for bookings charged in USD

£100 for bookings charged in GBP

The Owner may provide a discretionary grace period or may reduce or waive a late-return charge as a gesture of goodwill.

A courtesy grace period does not change the contractual return date unless the Owner expressly agrees to a different return date in writing.

Any late-return charge is intended to reasonably reflect administrative work, disruption, additional handling, loss of use and other consequences of the late return and is not intended to operate as a penalty.

The Owner will not impose or retain a late-return charge to the extent prohibited by applicable law.

10. Lost, Stolen, Damaged or Unreturned Equipment

The Renter remains responsible for the Equipment from the time responsibility passes under Section 5 until the Equipment is properly returned under this Agreement.

If Equipment:

  1. is lost;
  2. is stolen after responsibility has passed to the Renter;
  3. is destroyed;
  4. is damaged beyond economical repair;
  5. is not returned; or
  6. has not been returned within 14 calendar days after the required return date,

the Owner may treat the applicable Equipment as lost and assess the applicable replacement charge.

The replacement charges are:

Any Telephone: $600 / £500

Signage: $40 / £30

Stand: $15 / £10

Power Cable: $40 / £30

Power Bank: $80 / £60

Prompt Cards and Box: $40 / £30

For bookings charged in USD, the U.S. dollar amount applies.

For bookings charged in GBP, the pound sterling amount applies.

The replacement amounts are intended to reflect the agreed value and reasonable costs associated with replacing the applicable Equipment, including where applicable the Equipment itself, specialist components, preparation, programming, configuration, testing, sourcing and related replacement expenses.

They are intended as compensation for loss and are not intended to operate as a penalty.

Where Equipment can reasonably be repaired, the Owner may instead charge the reasonable costs of inspection, parts, repair, labour and associated expenses, up to the applicable replacement value.

The Owner will not recover both the full replacement charge and full repair costs for the same item.

11. Equipment Returned After Being Treated as Lost

Failure to return Equipment does not transfer ownership of the Equipment to the Renter.

Payment of a replacement charge does not automatically transfer ownership of the Equipment unless the Owner expressly agrees otherwise in writing.

If Equipment is subsequently returned after a replacement charge has been paid, the Owner will inspect it.

Where appropriate, the Owner may refund or credit some or all of the replacement charge after deducting amounts properly due for:

  1. late return;
  2. damage;
  3. missing components;
  4. repair;
  5. exceptional cleaning;
  6. additional shipping;
  7. replacement costs already reasonably incurred; and
  8. other amounts properly due under this Agreement.

The Owner will not obtain duplicate recovery for the same physical loss.

12. Authorization to Charge Payment Method

Where the Renter has authorized a payment method to be stored or otherwise authorized for future use, the Renter expressly authorizes The Telephone Guestbook LLC and its payment processor to initiate subsequent charges to that authorized payment method for amounts that properly become due under this Agreement.

This authorization includes amounts properly due for:

  1. lost Equipment;
  2. stolen Equipment;
  3. unreturned Equipment;
  4. damaged Equipment;
  5. missing Equipment or accessories;
  6. late-return charges;
  7. repair costs;
  8. exceptional cleaning costs; and
  9. other charges specifically identified in this Agreement.

The amount of any charge will be determined according to the fixed amounts or calculation methods stated in this Agreement.

These are not recurring subscription payments.

This authorization does not permit the Owner to charge the Renter for unrelated goods or services.

Where reasonably practicable, the Owner may provide an invoice, email or other notice identifying the amount due before or at approximately the same time the charge is attempted.

A declined, blocked, disputed or reversed payment does not itself extinguish an underlying amount that is otherwise properly due under this Agreement.

13. Payment Disputes and Chargebacks

If the Renter believes a charge was made incorrectly, the Renter is encouraged to contact the Owner promptly so that the matter can be investigated.

Nothing in this Agreement prevents the Renter from exercising a lawful right to dispute a transaction with a bank, card issuer or payment provider.

The existence or outcome of a card dispute does not by itself determine whether an independent contractual debt remains legally due.

Where a transaction is disputed, the Renter acknowledges that the Owner may provide relevant evidence to its payment processor, card network, bank or other organization involved in deciding the dispute.

Such evidence may include:

  1. the order;
  2. checkout records;
  3. the version of this Agreement accepted by the Renter;
  4. payment records;
  5. delivery records;
  6. carrier photographs or tracking information;
  7. return tracking;
  8. photographs;
  9. invoices;
  10. emails;
  11. text messages;
  12. notices and reminders; and
  13. other information reasonably relevant to the dispute.

If a payment is reversed but the underlying amount remains legally due, the Owner may pursue lawful recovery of that amount.

14. Payment

The booking price is the amount stated at checkout, on the applicable quotation, invoice or booking confirmation.

Unless otherwise agreed in writing, payment must be made before Equipment is dispatched.

The Renter remains responsible for amounts properly due under the booking and this Agreement.

15. Default

The Renter will be in default of this Agreement if the Renter materially fails to perform an obligation required under it, including failure to:

  1. pay an amount properly due;
  2. return Equipment when required;
  3. pay an applicable loss, replacement or damage amount;
  4. exercise reasonable care of the Equipment; or
  5. comply with another material obligation contained in this Agreement.

Following default, the Owner may exercise one or more lawful remedies, including:

  1. charging an authorized payment method;
  2. issuing an invoice;
  3. sending payment demands;
  4. withholding post-event deliverables where legally permitted;
  5. referring an unpaid account to a third-party collection agency;
  6. instructing an attorney or other lawful recovery professional;
  7. commencing legal proceedings;
  8. seeking judgment for amounts due;
  9. enforcing a judgment; and
  10. pursuing another remedy available under applicable law.

Exercising one lawful remedy does not prevent the Owner from exercising another lawful remedy, provided the Owner does not obtain duplicate recovery for the same loss.

16. Collection Costs and Enforcement Expenses

If the Renter's breach or default causes the Owner to reasonably incur costs in recovering an amount properly due or enforcing this Agreement, the Renter agrees, to the fullest extent permitted by applicable law, to reimburse the Owner for reasonable and proportionate recovery and enforcement expenses actually incurred as a result of that breach or default.

Such expenses may include, where legally recoverable:

  1. reasonable third-party debt collection costs;
  2. reasonable attorneys' fees;
  3. reasonable pre-litigation legal fees;
  4. court filing fees;
  5. service of process fees;
  6. process-server fees;
  7. reasonable tracing or address-verification expenses;
  8. reasonable costs of obtaining permitted records or evidence;
  9. judgment registration expenses;
  10. post-judgment enforcement expenses; and
  11. other reasonable legal or enforcement expenses arising directly from recovery of the amount due.

No charge will be imposed under this provision merely as a penalty.

The Owner will not seek an amount prohibited by applicable law or obtain duplicate recovery for the same expense.

17. Attorneys' Fees and Legal Proceedings

In any claim, lawsuit, arbitration or other legal proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to seek recovery of reasonable attorneys' fees and legal costs to the fullest extent permitted by applicable law.

Recoverable fees and costs may include, where legally permitted:

  1. reasonable attorneys' fees incurred before litigation in attempting to enforce or resolve the matter;
  2. reasonable attorneys' fees incurred during litigation;
  3. court filing fees;
  4. service costs;
  5. permitted discovery expenses;
  6. hearing and trial costs;
  7. reasonable attorneys' fees and costs incurred on appeal;
  8. reasonable fees and costs incurred in bankruptcy proceedings relating to enforcement of this Agreement;
  9. judgment registration expenses; and
  10. reasonable attorneys' fees and costs incurred in enforcing or collecting a judgment.

Nothing in this section requires a court to award an amount that applicable law does not permit.

18. Interest and Judgments

The Owner may seek prejudgment interest, post-judgment interest and other amounts to the extent permitted by applicable law or awarded by a court.

The Owner reserves the right to enforce any judgment using lawful enforcement procedures.

19. Inspection of Returned Equipment

The Owner may inspect Equipment within a reasonable period following its return.

Receipt of a package does not constitute confirmation that:

  1. every item was returned;
  2. the correct Equipment was returned;
  3. the Equipment is undamaged;
  4. the Equipment remains operational; or
  5. no amount remains due.

Normal wear and tear resulting from proper use will not be treated as chargeable damage.

20. Cleaning

The Renter must take reasonable care to return Equipment in a reasonably clean condition.

The Owner will not charge for ordinary cleaning resulting from normal rental use.

Where Equipment requires exceptional cleaning because of spills, food, drink, adhesive, contamination, staining or another condition materially outside normal use, the Owner may charge the reasonable cost of cleaning or restoring the Equipment.

21. Non-Working Equipment

The Owner tests Equipment before dispatch and intends to supply Equipment in working condition.

If Equipment does not appear to work correctly, the Renter should contact the Owner as soon as reasonably possible so troubleshooting assistance can be provided.

The Renter must not dismantle or materially modify Equipment in an attempt to repair it.

Where a verified defect attributable to the Owner materially prevents use of the Equipment, the Owner may provide an appropriate remedy depending upon the circumstances, including:

  1. troubleshooting assistance;
  2. replacement Equipment where reasonably practicable;
  3. a partial refund;
  4. a full refund of the affected rental; or
  5. another appropriate remedy.

Nothing in this section limits rights that cannot legally be excluded.

22. Setup and Operation

The Renter is responsible for setting up and operating the Equipment in accordance with the instructions supplied.

The Renter should ensure that required power cables, power banks and other components are properly connected.

The Equipment should be placed somewhere reasonably accessible to guests.

The Owner may provide support by telephone, email, text message or another available support method.

The Owner cannot guarantee the number of recordings that guests will leave.

The Owner is not responsible for a lack of guest recordings where the Equipment was functioning correctly but:

  1. was not correctly set up;
  2. was not connected to the required power source;
  3. was disconnected;
  4. was not made available to guests;
  5. was moved or altered;
  6. was not used according to the supplied instructions; or
  7. guests simply chose not to leave recordings.

23. Audio Files and Keepsakes

Where the booking includes recorded messages, digital audio files, USB devices, keepsakes or other post-event deliverables, the Owner will use reasonable care when retrieving, processing and delivering available recordings.

To the extent permitted by applicable law, the Owner may withhold audio files, keepsakes and other post-event deliverables until:

  1. all Equipment has been properly returned; and
  2. amounts properly due under the rental have been paid or otherwise resolved.

Any stated delivery timeframe for recordings or keepsakes is an estimate unless expressly agreed otherwise.

The Owner cannot create or recover a recording that was never successfully recorded.

24. Loss of Recordings or Data

The Owner will take reasonable care when handling recordings stored on Equipment.

However, electronic storage systems may occasionally experience technical failure, corruption or accidental data loss.

The Owner will not be responsible for data loss resulting from circumstances outside its reasonable control where the Owner has exercised reasonable care.

Nothing in this section excludes liability that cannot legally be excluded.

25. Used Equipment

The Renter acknowledges that Equipment is rental Equipment and may previously have been used by other customers.

Equipment may show reasonable cosmetic signs of normal use.

Minor cosmetic wear that does not materially affect operation does not make the Equipment defective.

26. Substitution of Equipment

The Owner relies upon customers returning Equipment on time.

If the exact telephone style, colour or accessory selected by the Renter becomes unavailable because of loss, damage, late return, carrier problems or another circumstance outside the Owner's reasonable control, the Owner may offer reasonably comparable substitute Equipment.

Where reasonably practicable, the Owner will contact the Renter before making a material substitution.

If a materially lower-priced substitute is supplied, the Owner will refund the applicable difference in rental price.

If no reasonably suitable substitute can be provided, the Owner will provide an appropriate refund for the unavailable Equipment.

27. Cancellation by the Renter

Equipment and availability are reserved for specific event dates.

Unless otherwise required by applicable law, the Renter may request cancellation within 24 hours of making the booking.

Where non-refundable processing expenses have already been incurred, the Owner may deduct a reasonable processing charge of up to:

$30 for bookings charged in USD

£25 for bookings charged in GBP

where legally permitted.

After the initial 24-hour period, the availability and amount of any refund will depend on applicable law and the circumstances of the booking.

Because Equipment and availability have been reserved for the Renter's event date, cancellation does not automatically entitle the Renter to a full refund.

Any cancellation amount retained by the Owner will be limited to an amount that the Owner is legally entitled to retain, taking into account work already performed, costs incurred, availability reserved, resulting losses and costs reasonably avoided.

Nothing in this section limits any mandatory statutory cancellation right.

28. International and UK Consumer Bookings

Where the Renter is located outside the United States, applicable mandatory consumer rights remain unaffected.

Where the Renter is a UK consumer, nothing in this Agreement is intended to exclude or restrict mandatory UK consumer rights that cannot legally be excluded.

Where any provision of this Agreement conflicts with a mandatory consumer protection applicable to the Renter, the mandatory protection will prevail to the extent of that conflict.

29. Rescheduling

The Renter may request that a booking be transferred to another event date.

Rescheduling is subject to Equipment availability and is not guaranteed.

The Owner may transfer amounts already paid to the rescheduled event at its discretion.

The Renter will be responsible for any additional agreed cost arising from a different product, additional shipping or another requested change.

Agreement to one rescheduling request does not create an obligation to approve subsequent requests.

30. Cancellation by the Owner

If the Owner is unable to provide the booked service because of circumstances within the Owner's reasonable control and cannot provide a reasonably suitable alternative, the Owner will provide an appropriate refund for the affected service.

The Owner may cancel or suspend a booking where the Renter:

  1. provides fraudulent payment information;
  2. materially breaches this Agreement;
  3. uses or requests the service for an unlawful purpose;
  4. abuses or threatens staff; or
  5. creates circumstances in which performance would be unlawful.

Any refund following cancellation will be determined according to applicable law and the circumstances giving rise to cancellation.

31. Events Outside Our Reasonable Control

The Owner will not be responsible for delay or failure caused by circumstances outside its reasonable control.

These may include:

  1. severe weather;
  2. natural disasters;
  3. fire;
  4. flood;
  5. war;
  6. government action;
  7. major transportation disruption;
  8. strikes;
  9. widespread carrier disruption;
  10. interruption of essential services; or
  11. comparable events outside the Owner's reasonable control.

Where such an event materially prevents performance, the Owner will act reasonably in determining whether substitution, rescheduling, credit or refund is appropriate.

32. Age Requirement

The Renter must be at least 18 years old to enter into this Agreement.

By placing an order, the Renter represents that they are at least 18 years old and legally capable of entering into this Agreement.

33. Ownership of Equipment

All rental Equipment remains the sole and exclusive property of The Telephone Guestbook LLC.

The Renter acquires no ownership interest in the Equipment.

Payment of rental charges does not transfer ownership.

Failure to return Equipment does not transfer ownership.

Payment of a replacement charge does not automatically transfer ownership unless the Owner expressly agrees otherwise in writing.

34. Intellectual Property

The Owner retains all rights in its trademarks, branding, website content, photographs, graphics, designs, instructions, templates, software and other proprietary business materials.

Nothing in this Agreement transfers those rights to the Renter.

35. Customer and Guest Recordings

The Owner does not claim ownership of personal messages solely because those messages were recorded using the Owner's Equipment.

The Renter and individual speakers retain such rights as they may have in their recordings.

The Renter authorizes the Owner to access, copy, convert, store, process and transmit recordings to the extent reasonably necessary to:

  1. provide the purchased service;
  2. prepare requested deliverables;
  3. provide technical support;
  4. investigate complaints;
  5. protect legitimate legal interests; and
  6. comply with applicable law.

Private recordings will not be used for general advertising or promotional purposes without appropriate permission.

36. Privacy and Customer Information

The Owner will process personal information in accordance with applicable privacy and data protection laws and the Owner's Privacy Policy.

Information reasonably necessary to process and fulfil a booking may be provided to service providers including payment processors, shipping carriers, technology providers, cloud storage providers and customer service providers.

The Owner may share limited customer information with affiliated or sister companies, including WedCircle LLC, where permitted by applicable law.

Where separate marketing consent is legally required, acceptance of this Agreement alone will not be treated as that separate consent.

37. Electronic Communications

The Renter agrees that communications concerning the booking may be sent electronically.

Transactional communications may include:

  1. booking confirmations;
  2. payment information;
  3. shipping information;
  4. delivery notifications;
  5. return reminders;
  6. troubleshooting information;
  7. invoices;
  8. overdue-equipment notices;
  9. final demands; and
  10. other communications relating to the rental.

The Renter is responsible for providing accurate contact information.

The Owner may contact the Renter by email, telephone, text message or postal mail where reasonably necessary and legally permitted in connection with the rental.

38. Electronic Acceptance

This Agreement may be accepted electronically.

Acceptance may be demonstrated by:

  1. checking an acceptance checkbox;
  2. completing a checkout process that clearly requires acceptance;
  3. providing an electronic signature;
  4. clicking a clearly identified acceptance button; or
  5. another electronic action demonstrating agreement.

Electronic acceptance is intended to have the same contractual effect as signing a paper agreement, subject to applicable law.

The Owner may retain electronic records concerning the formation and performance of the Agreement, including:

  1. booking date and time;
  2. version of the Agreement accepted;
  3. order information;
  4. checkout records;
  5. lawful technical records associated with acceptance;
  6. payment information;
  7. delivery records;
  8. return records; and
  9. communications relating to the booking.

39. Version of Terms Applicable to Booking

The version of this Agreement presented to and accepted by the Renter when the booking is placed governs that booking.

The Owner may update these Terms and Conditions for future bookings.

Changes made after an existing booking will not retrospectively alter the Agreement applicable to that booking unless:

  1. the Renter and Owner expressly agree to the change in writing; or
  2. the change is required by applicable law.

40. Notices

Routine notices relating to a booking may be sent using the contact information supplied by the Renter.

Unless applicable law requires another method, formal notices under this Agreement may be sent by email.

The Owner may additionally send notices by postal mail, telephone or text message.

The Renter is responsible for notifying the Owner if their contact information changes while the rental remains outstanding.

41. Entire Agreement

This Agreement, together with:

  1. the applicable order;
  2. booking confirmation;
  3. invoice;
  4. quotation, where applicable; and
  5. any written amendment expressly agreed by the parties,

constitutes the entire agreement relating to the booking.

If a specific written term in an individual booking confirmation expressly differs from this Agreement, the specific booking term will control to the extent of that inconsistency.

42. Severability

If any provision of this Agreement is found to be invalid, unlawful or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where appropriate.

The remaining provisions will continue in effect.

43. No Waiver

Failure or delay by the Owner in exercising a contractual right does not constitute a waiver of that right.

A decision to grant an extension, provide a grace period, reduce a fee, waive a charge or make another exception in one case does not require the Owner to make the same exception in another case.

44. Assignment and Contractors

The Renter may not transfer material responsibility for the rental to another person without the Owner's prior written consent.

The Owner may use employees, contractors, payment processors, carriers, technology providers and other service providers to perform aspects of the service.

45. Limitation of Liability

Nothing in this Agreement excludes or limits liability where doing so would be prohibited by applicable law.

To the fullest extent permitted by law, the Owner will not be liable for indirect, incidental, special, punitive or consequential damages arising from the rental or use of the Equipment.

For U.S. bookings, except for liability that cannot legally be limited, the Owner's aggregate liability arising from a particular booking will not exceed the amount actually paid by the Renter for that booking.

For consumer bookings outside the United States, this limitation applies only to the extent permitted by mandatory applicable consumer law.

Nothing in this Agreement excludes liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence where such liability cannot legally be excluded.

46. Renter Responsibility and Third-Party Claims

To the extent permitted by law, the Renter is responsible for reasonable losses arising directly from:

  1. negligent or intentional damage to the Equipment;
  2. unlawful use of the Equipment;
  3. unauthorized modification or repair;
  4. failure to safeguard the Equipment after delivery;
  5. failure to return the Equipment; or
  6. acts of persons to whom the Renter voluntarily provides access to the Equipment.

To the extent permitted by law, the Renter agrees to indemnify the Owner against reasonable third-party claims, losses and expenses arising directly from the Renter's unlawful, negligent or intentional misuse of the Equipment.

This provision does not require the Renter to compensate the Owner for losses caused by the Owner's own negligence, misconduct or violation of law.

47. Taxes

Applicable sales tax, VAT or other taxes will be charged where required by law.

Applicable taxes will be displayed at checkout, on the invoice or otherwise communicated to the Renter.

48. Discount and Promotional Codes

Promotional discounts and coupon codes must ordinarily be entered at the time the booking is placed.

Unless otherwise stated, discounts cannot be applied retrospectively after an order has been completed.

This does not prevent correction of an error made by the Owner or the exercise of a right required by applicable law.

49. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict-of-law principles.

Where the Renter is a consumer and mandatory laws applicable in the Renter's country or jurisdiction apply regardless of this choice of law, nothing in this Agreement is intended to deprive the Renter of those mandatory protections.

50. Jurisdiction and Venue

To the fullest extent permitted by applicable law, the parties agree that legal proceedings arising from or relating to this Agreement may be brought in an appropriate state or federal court located in Florida.

Each party consents to the jurisdiction of those courts to the fullest extent legally permitted.

Where mandatory consumer law gives the Renter a non-waivable right to bring or defend proceedings in another jurisdiction, this section does not remove that right.

51. Remedies

The rights and remedies contained in this Agreement are cumulative to the extent permitted by law.

The Owner may exercise one or more lawful remedies following a breach.

The Owner will not obtain duplicate compensation for the same underlying loss.

Nothing in this Agreement prevents the Owner from seeking, where legally available:

  1. unpaid contractual amounts;
  2. damages;
  3. return or possession of its Equipment through lawful means;
  4. equitable or injunctive relief;
  5. reasonable attorneys' fees;
  6. court costs;
  7. debt collection expenses;
  8. enforcement expenses;
  9. interest;
  10. post-judgment costs; or
  11. another remedy available under applicable law.

52. Complaints

Questions or complaints concerning a booking, payment, Equipment or service should be sent to:

The Telephone Guestbook LLC

Email: hello@thetelephoneguestbook.com

Please provide the name and order number associated with the booking where available.

53. Contact Information

The Telephone Guestbook LLC
Florida, United States

Email: hello@thetelephoneguestbook.com

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